BROOKS v. DOVER ELEVATOR CO.

No. 8810SC734.

379 S.E.2d 707 (1989)

John C. BROOKS, Commissioner of Labor of North Carolina v. DOVER ELEVATOR COMPANY.

Court of Appeals of North Carolina.

June 6, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Melissa L. Trippe, Raleigh, for the State.

Smith Helms Mulliss & Moore by Jon Berkelhammer, Greensboro, for respondent-appellee.


GREENE, Judge.

On 12 August 1985, the North Carolina Department of Labor, Occupational Safety and Health Division (Commissioner) issued a citation to Dover Elevator Company (Dover). After the hearing examiner first dismissed the citation, the Review Board vacated that dismissal and remanded to the hearing examiner. On remand, the hearing examiner found a violation of N.C.G.S. Sec. 95-129(1) (1985) (general duty clause) and on appeal the Review Board reversed. The...

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